Rochelle's Daily Wire

ABI Exclusive

February 5, 2024

Knowledge of a chapter 11 case is enough to bind a creditor to the terms of a plan, even if the creditor hasn’t filed a claim, the Fifth Circuit says.

December 19, 2022

There’s no circuit split on post-petition interest, because the Second Circuit agreed with the Third, Fifth and Ninth Circuits.

December 9, 2022

Sticking to her guns, Bankruptcy Judge Mary Walrath rules that the solvent-debtor exception was abrogated by the adoption of the Bankruptcy Code, but certifies a direct appeal to the Court of Appeals.

December 28, 2021

Split grows on allowance of makewholes and what constitutes disallowed, unmatured interest.

December 9, 2020

California judge disagrees with a Texas judge and rules that creditors of a solvent debtor are not entitled to the higher state judgment rate or the higher contract rate.

October 30, 2020

Creditors are entitled to ‘default interest’ when the debtor is solvent.

September 11, 2020

Bankruptcy Judge Glenn hints that the lenders and the debtor should mediate tough questions about the enforceability of a $150 million ‘sale’ of future credit card receivables.

August 14, 2020

Even if flip clauses are ipso facto clauses, the Second Circuit holds that enforcement is permitted by the safe harbor in Section 560.

December 30, 2019

Appeals court upholds finding that the mortgage securities market in 2007 was declining, not dysfunctional.

December 3, 2019

Fifth Circuit upholds its prior ruling that disallowing part of a claim under the Bankruptcy Code does not render the claim ‘impaired’ to allow voting on a chapter 11 plan.

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